공동발명 판단기준에 관한 비교법적 고찰-착상, 착상의 구체화, 실질적 기여 및 협력을 중심으로-

The purpose of this study is to clearly establish the concept of conception and embodiment of collaboration and contributions, which are the criteria for the determination of joint invention, and to present the institutional implications from a comparative law perspective. For this purpose, review related current status and problems through analysis of laws and theories related to inventions and joint inventions, especially in Korea, the United States and Japan. And this study analyzes and organizes the standard by analyzing the cases of major countries, such as conception, embodiment of conception, collaboration and contributions, which are a major consideration in the judgment of joint inventions. Furthermore, the study examines the timing of contributions, the necessity of subjective joint intention, the Declaration of Inventors and the assumption of an inventor. Based on this, the study discusses the need for joint inventions related regulations. Ultimately, this study suggests that in the judgment of inventors or joint inventors, the inventor should broadly interpret whether practical cooperation or contributions have been made in the process of invention from conception to completion, focusing on the conception and embodiment of conception, rather than on patent requirements such as novelty or inventive step. This study is meaningful in establishing the concept and scope through objective and concrete comparison and in presenting institutional implications by focusing on the judgment criteria of the joint invention, away from the existing research focusing on patent sharing relationships.